A federal judge in Austin has denied the Texas Department of Transportation’s request for a restraining order in a trademark infringement case regarding a romance novel entitled “Don’t Mess With Texas.”

Following an Aug. 22 hearing, U.S. District Judge Sam Sparks denied TxDOT’s request. He cited First Amendment rights and the amount of revenue the defendants could lose if prevented from selling the book starting this week. About 35,000 of the books have been printed and distributed to retailers, according to the ruling.

TxDOT alleges that the “Don’t Mess With Texas” slogan was used without permission or a license. In the temporary restraining order request, the agency asked that the book be recalled from distributors, destroyed and retitled.

The book, which is available in paperback and electronic form, is written by Christie Craig. It costs $5.99 and includes a cover illustration with a shirtless man cradling a woman wearing cowboy boots in his arms.

“The book contains numerous graphic references to sexual acts, states of arousal, etc.,” the lawsuit states.

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